Workplace Challenges

Firms sued for lifestyle rules

Sure, employers can require drug testing and criminal background checks to monitor off-duty activities they deem detrimental to an employee's job. But what about behaviours that create health risks, like smoking cigarettes or having high cholesterol?
[ 2008-03-05 ]

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Susan Lessack, a partner at Pepper Hamilton law firm, said litigation is increasingly being brought against companies for "lifestyle" regulations, which target smokers, overweight individuals -- even extreme sports enthusiasts.

"Employers are paying attention to high-risk activities because it affects health insurance claims and costs. While bans on smoking and other activities are becoming a trend, they are usually violating state privacy statutes."

The Americans with Disabilities Act protects employees from discrimination for physical impairments, which some have argued can include obesity and addiction to nicotine. Also, if an employer is not consistent -- for example, declines to hire a man who smokes but hires a woman who does -- they would be liable for discrimination on another protected basis, Lessack said.

EXEC PAY MAY BE PUBLIC


Everybody knows senior executives are well-paid, but in some cases almost nobody knows just how well.


The Canadian Securities Administrators are seeking further comment on a proposed revamp of required annual statements of executive compensation.

This follows "significant feedback" on the proposal, particularly in the areas of stock grants, share-option awards and pension benefits.

Companies will have to disclose all compensation of top executives and directors in a new format.

"Executive compensation practices ... have become quite complex," said Jean St-Gelais, head of Quebec's securities commission and chair of the CSA.

"Improving disclosure will allow investors to assess how compensation decisions are made, and provide insight into a key aspect of a company's overall stewardship and governance."

The proposed Form 51-102 F6 can be seen at securities commission websites, open for comment until April 22.



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